关键词: 非法证据, 排除, 权利能力, 权利效益, 权利效能, 动态平衡

Abstract: The rights efficiency of the illegal evidence exclusion is the ratio of excluding illegal evidence between the actual effect in the judicial practice and ideal rights of exclusion of illegal evidence that law granted to the defense. The illegal evidence exclusion set by criminal procedure law set a larger right for the defense, and increasing with the advancement of the procedure process. But in the actual excluding programs, the efficiency is receded along with the advancement of the procedure process, therefore leading to the right efficiency of the illegal evidence elimination gradually declining in the process of litigation, and ultimately falling to the lowest in the trial stage. This embarrassment caused by law, system and defense strategy is away from expects of legislation. Embarking from the procedure structure to study the right efficiency of the illegal evidence exclusion has functional significance for the perfection of the system, and should set about the three aspects which guarantee the right efficiency of the prosecuting and defending parties in the whole procedure, restrict the judges discretion and perfect the defense right exercise mechanism to realize legislate expectation of the illegal evidence exclusion system.

Key words: illegal evidence, exclusion, rights ability, rights effect, power effect, dynamic balance